An internal U.S. Immigration and Customs Enforcement memo issued in May authorized officers to forcibly enter the homes of people subject to deportation without warrants signed by judges, according to whistleblowers.
The memo, dated May 12, was recently shared with members of Congress. It avises ICE agents they may use force to enter a residence with only an administrative warrant in the event a judge has issued a “final order of removal” in the case. Previously, agents were required to obtain judicial warrants, which must bear the signature of a judge or magistrate, before officers are permitted to enter suspects’ homes.
Administrative warrants, meanwhile, are handled by officials within the Department of Homeland Security.
“Although the U.S. Department of Homeland Security has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose,” the memo reads
Agents are still required to “knock and announce” themselves, and they must give those inside the residence a fair amount of time to comply with their orders. The memo also advises against entering a home before 6 a.m. or after 10 p.m.
“Should the alien refuse admittance, ICE officers and agents should use only a necessary and reasonable amount of force to enter the alien’s residence, following proper notification of the officer or agent’s authority and intent to enter,” per the memo.
Christopher Katsarov/The Canadian Press via AP
Federal agents detain a person in Minneapolis on Sunday. (Christopher Katsarov/The Canadian Press via AP)
Homeland Security spokeswoman Tricia McLaughlin noted that everyone served with an administrative warrant has already had “full due process and a final order of removal.”
“The officers issuing these administrative warrants also have found probable cause,” McLaughlin said. “For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement.”
Whistleblower Aid, a nonprofit legal organization, said it is representing two anonymous U.S. government officials for “disclosing a secretive — and seemingly unconstitutional — policy directive.” It comes amid the Trump Administration’s ongoing crackdown on immigration, which has seen ICE agents flood major cities across the United States, oftentimes against the wishes of local and state officials.
With News Wire Services
